Chetan Chokhani v. The State Represented By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Chetan Chokhani ... Petitioner Vs.

The State represented by Inspector of Police Central Crime Branch Tiruppur City (Crime No.31 of 2023) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the respondent to file a final report in Crime No.31 of 2023 pending on the file of respondent within a time frame limit as may be fixed by this Court. For Petitioner : Mr.M.Karthiga For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondent to file a final report in Crime No.31 of 2023 pending on the file of respondent within a time frame limit as may be fixed by this Court.

2. The learned Additional Public Prosecutor appearing for the respondent police submitted that one of the accused in this case moved a quash petition before this Court in Crl.O.P.No.16049 of 2024 and this Court by order dated 27.08.2024 graned interim stay of all further proceedings and therefore, the respondent are unable to proceed with the investigation further and they are not in a position to file charge sheet, whereas the learned counsel for the petitioner submits that the interim stay was granted only for a period of two weeks from 27.08.2024 and thereafter, the matter was not listed and the interim stay was not extended.

3. Heard both sides and perused the materials available on record.

4. It is seen that the co-accused has prefered a petition in 2/5

Crl.O.P.No.16049 of 2024 to quash the FIR against him in which, interim stay has been granted only for a period of two weeks from 27.08.2024 and though the matter was ordered to be listed on 10.09.2024, thereafter, the matter was not listed and sofar, the interim stay has not been extended. The said petition is still pending and the petitioner is also a party to the said proceedings. However, instead of bringing that O.P., the petitioner has filed this separate petition which is nothing but abuse of process of law.

5. Therefore, this Criminal Original Petition is dismissed.

6. Registry is directed to list the said petition filed by the co-accused in Crl.O.P.No.16049 of 2024, on 21.01.2025.

08.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 Note: Issue order copy on 09.01.2025.

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To

1. Inspector of Police Central Crime Branch Tiruppur City

2. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 08.01.2025 5/5